Public Act 90-0429 of the 90th General Assembly
Public Act 90-0429
SB1118 Enrolled SDS/bill0045/cep
AN ACT to amend the Illinois Municipal Code by changing
Section 3.1-10-50.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 3.1-10-50 as follows:
(65 ILCS 5/3.1-10-50)
Sec. 3.1-10-50. Vacancies.
(a) A municipal officer may resign from office. A
vacancy occurs in an office by reason of resignation, failure
to elect or qualify (in which case the incumbent shall remain
in office until the vacancy is filled), death, permanent
physical or mental disability rendering the person incapable
of performing the duties of his or her office, conviction of
a disqualifying crime, abandonment of office, removal from
office, or removal of residence from the municipality or, in
the case of aldermen of a ward or trustees of a district,
removal of residence from the ward or district, as the case
may be.
(b) If a vacancy occurs in an elective municipal office
with a 4-year term and there remains an unexpired portion of
the term of at least 28 months, and the vacancy occurs at
least 130 days before the general municipal election next
scheduled under the general election law, the vacancy shall
be filled for the remainder of the term at that general
municipal election. Whenever an election is held for this
purpose, the municipal clerk shall certify the office to be
filled and the candidates for the office to the proper
election authorities as provided in the general election law.
If the vacancy is in the office of mayor, the city council
shall elect one of their members acting mayor; if the vacancy
is in the office of president, the vacancy shall be filled by
the appointment of an acting president by the trustees of an
acting president from the members of the board of trustees.
In villages with a population of less than 5,000, if each of
the members of the board of trustees either declines the
appointment as acting president or is not approved for the
appointment by a majority vote of the trustees presently
holding office, then the board of trustees may appoint as
acting president any other village resident who is qualified
to hold municipal office. The acting mayor or acting
president shall perform the duties and possess all the rights
and powers of the mayor or president until a successor to
fill the vacancy has been elected and has qualified. If the
vacancy is in any other elective municipal office, then until
the office is filled by election, the mayor or president
shall appoint a qualified person to the office subject to the
advice and consent of the city council or trustees.
(c) In a 2 year term, or if the vacancy occurs later
than the time provided in subsection (b) in a 4 year term, a
vacancy in the office of mayor shall be filled by the
corporate authorities electing one of their members acting
mayor; if the vacancy is in the office of president, the
vacancy shall be filled by the appointment of an acting
president by the trustees of an acting president from the
members of the board of trustees. In villages with a
population of less than 5,000, if each of the members of the
board of trustees either declines the appointment as acting
president or is not approved for the appointment by a
majority vote of the trustees presently holding office, then
the board of trustees may appoint as acting president any
other village resident who is qualified to hold municipal
office. The acting mayor or acting president shall perform
the duties and possess all the rights and powers of the mayor
or president until a mayor or president is elected at the
next general municipal election and has qualified. A vacancy
in any elective office other than mayor or president shall be
filled by appointment by the mayor or president, with the
advice and consent of the corporate authorities.
(d) Municipal officers appointed or elected under this
Section shall hold office until their successors are elected
and have qualified.
(e) An appointment to fill a vacancy in the office of
alderman shall be made within 60 days after the vacancy
occurs. The requirement that an appointment be made within
60 days is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of the power of a
home rule municipality to require that an appointment be made
within a different period after the vacancy occurs.
(Source: P.A. 87-1052; 87-1119; 88-45.)
Section 99. Effective date. This Act takes effect upon
becoming law.